IRANIAN REFUGEES IN PERIL

A Report by Maryam Namazie

INTRODUCTION: THE NOVEMBER 1994 REGULATION

Since its establishment in 1979,
refugees have been an inseparable component of the rule of the Islamic
Republic of Iran with millions fleeing due to persecution on account of
political opinion, ethnicity, religion, gender or sexuality. Many have
sought refuge in neighboring Turkey.

Turkey is a party to the 1951 Convention and the 1967 Protocol Relating to
the Status of Refugees, yet it has limited its international obligations by
maintaining a geographical reservation1 thereby eliminating any
responsibility to non-European refugees. Given this geographical
reservation, prior to the Fall of 1994, the United Nations High Commissioner
for Refugees (UNHCR) would determine refugee status and facilitate
third-country resettlement with the understanding that refugees would not
remain in Turkey permanently.

On November 30, 1994, however, the Turkish government adopted Decision Number
94/6169 "The Regulation on the Procedures and Principles Related to Mass
Influx and the Foreigners Arriving in Turkey either as Individuals or in
Groups Wishing to Seek Asylum either from Turkey or Requesting Residence
Permits with the Intention of Seeking Asylum from a Third Country" (hereafter
called the Regulation). The Regulation formalized the Turkish government's
practice since July 1994 of processing the asylum claims of non-Europeans. It
was prepared by the Ministry of Interior (MOI), which is part of the
Directorate of General Security and primarily concerned with "security"
issues, in consultation with the Ministry of Foreign Affairs (MFA). There
were no consultations with the UNHCR or legal experts.

Consequently, the Regulation has been criticized on both technical and
substantive grounds by legal experts.2 According to the Regulation, the
Turkish government must determine whether an Iranian3 is an asylum seeker4
before s/he may present her/his claim to the UNHCR. After this
determination, the UNHCR makes its own separate assessment as before,
submitting for resettlement only those it has recognized. As before,
Iranians cannot remain permanently in Turkey and must be resettled in a third
country. The Regulation requires Iranians to file their asylum claims within
five days after entry at a local governate. Those arriving without passports
must file their asylum claims at the governate nearest where they entered the
country. Once an asylum seeker is interviewed by the police, the information
is forwarded to the Ministry of Interior (MOI). The MOI reaches a decision
on the claim after taking into consideration the "opinions of the Ministry of
Foreign Affairs, other relevant ministries and national agencies" (Article 6
of the Regulation). The Regulation makes no mention of soliciting the
UNHCR's opinion.

If an asylum seeker receives a positive decision, s/he is given a temporary
residence permit to allow her/him to remain in Turkey temporarily so that
s/he can be resettled in a third country by the UNHCR. If an asylum seeker
receives a negative decision by the MOI, s/he will receive a deportation
order which can be appealed within 15 days. If the appeal is denied or if
there is no appeal made, the asylum seeker is deported. Those who have not
applied to the government for various reasons, including having missed the
five-day deadline, are immediately refouled without any assessment of their
claim by the Turkish authorities.